08-21-2006076
MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL
COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER,
MONDAY, AUGUST 21, 2006
CALL TO ORDER: The regular meeting of the City Council of the City of
Des Plaines, Illinois, was called to order by Mayor
Anthony W. Arredia at 6:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, August 21, 2006.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Smith, Argus.
Aldermen Brookman and Becker were absent. Alderman
Brookman arrived in Executive Session at 6:20 p.m.
Also present were: City Manager Niemeyer, Interim Director of Finance
Raymond, Police Chief Prandini, Fire Chief Heavey, Deputy Fire Chief
Jaeger, Director of Engineering Oakley, Assistant Director of Public
Works Bernar, Development Planner Gascoigne, Deputy Director of Community
& Economic Development Spiel, Assistant City Manager/Director of Human
Resources Bajor, Assistant City Attorney Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
PUBLIC
HEARING/
ANNEXATION
AGREEMENT
1901 s.
ELMHURST:
CALL TO
ORDER:
DISCUSSION:
Moved by Sayad, seconded by Smith, to go into Executive
Session to discuss pending litigation. Upon roll call,
the vote was:
AYES: 6-Beauvais, Christiansen, Murphy,
Sayad, Smith, Argus
NAYS: 0-None
ABSENT: 2-Brookman, Becker
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:00 p.m.
Roll call indicated the following aldermen present;
Beauvais, Christiansen, Murphy, Sayad, Brookman, Smith,
Argus.
The opening prayer was given by Mark Stuenkel, Children's
Ministry Director, Des Plaines Bible Church, followed by
the Pledge of Allegiance to the Flag.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES
PLAINES CIVIC CENTER, MONDAY, AUGUST 21, 2006
Mayor Arredia called the Public Hearing to order at 7:01
p.m. The Public Hearing was being held pursuant to legal
notice to consider approval of the proposal annexation
agreement for property located at 1901 S. Elmhurst Road.
Assistant City Attorney Bartel briefly reviewed this
request from 8400 Partners, LLC, 935 W. Chestnut Street,
Unit 425, Chicago, IL 606176-1076, for annexation of
their property located at 1901 S. Elmhurst Road; this
site is approximately two (2) acres and is surrounded on
three (3) sides by their property located at 1801 S.
Elmhurst Road and will be used for truck parking.
Mayor Arredia asked for comments from the public and from
the aldermen. There were none.
PUB. HEARING
(Cont'd.)
CITIZEN
PARTICIPA. :
PENDING
LITIGATION/
ANNEXATION
AGREEMENT
1901 s.
ELMHURST:
Resolution
R-116-06
Ordinance
A-1-06
PAGE TWO
07f/
8/21 /06
The Public Hearing was adjourned at 7:03 p.m.
The City Council reconvened at 7:04 p.m.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council stating that petitions were submitted to the City
Clerk today for a referendum on the five corners TIF; we
got many signatures; it is clear that residents want to
have a say; it is important that residents are informed
on this matter; it is their constitutional right.
Mrs. Michelle Klein, 1845 Linden Street, addressed the
City Council regarding the citizen comments made at the
last City Council meeting regarding the Citizens for
Legal Immigration; Mayor Arredia cut him off and told him
he has exceed his time; she watched the meeting and timed
him; he did not exceed his time; perhaps the City should
get a timer so citizen rights are not violated.
Mr. Craig Weiss, 86 Dover Drive, addressed the City
Council stating that he has lived here 15 years and would
like a resident parking permit; there is no parking on
his side of the street; he has talked to the police
department but is still waiting. Police Chief Prandini
said he would look into this; this is a very congested
area.
Mrs. Barbara Van Slambrouck, 286 Stratford Road,
addressed the City Council stating that she rang over a
1, 000 doorbells collecting signatures for the referendum;
she is upset to hear that we are spreading
misinformation. Mrs. Van Slambrouck reviewed the EAV for
the proposed TIF area and how property taxes are
impacted; the five corners area is a growing area; making
it a TIF will not be cost-free.
Ed, co-owner
Conditioning,
thanking all
drive; don't
about this?;
referendum.
of Geiser-Berner Plumbing Heating & Air
1484 Rand Road, addressed the City Council
the people who helped with the petition
you want to know how the residents feel
it is absolutely necessary to have this
Mr. Gary Danfield, 655 River Road, addressed the City
Council about his living conditions; the owner has turned
off his heat, electricity and gas; the owner took off the
front door; he has complained to the police; he is
getting no help from the City; when he goes to Court he
is going to tell the judge all these things.
Phil, who lives at 446 W. Touhy Avenue, Lot #393,
addressed the City Council stating that he read comments
in the newspaper about his residency; he has lived here
for 40 years; some of that in corporate Des Plaines; he
spends 90% of his time in corporate Des Plaines; maybe
some people don't like him to bring up things about trees
and speeding down Dulles Road; he doesn't see anything
wrong with bringing up these matters.
Moved by Christiansen, seconded by Sayad, to concur with
consensus in Exe cu ti ve Session that Staff proceed as
directed regarding the annexation agreement for property
located at 1901 S. Elmhurst Road; and postpone until
September 5, 2006, final action on Resolution R-116-06.
Motion declared carried.
Moved by Christiansen, seconded by Sayad, to concur with
consensus in Executive Session to place on First Reading
Ordinance A-1-06, AN ORDINANCE ANNEXING CERTAIN LANDS TO
THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, PROPERTY
COMMONLY KNOWN AS 1901 ELMHURST ROAD, DES PLAINES,
ILLINOIS. Motion declared carried (further action on
this matter on September 5, 2006).
PENDING
LITIGATION/
COVENANT
MEDIA V.
CITY:
CITY MANAGER
REPORT/
DIRECTOR OF
COMMUNITY &
ECONOMIC
DEVELOPMENT
BLEUHER:
CONSENT
AGENDA:
MINUTES/
8/7/06:
U/O
8/21/06
PAGE THREE
Moved by Murphy, seconded by Argus, to concur with
consensus in Executive Session that City reject
settlement off er from Covenant Media of Illinois
regarding erection of four (4) signs along I-90 on the
north side of the Interstate just east of Touhy Avenue;
and Staff and outside counsel be authorized to so advise
Covenant Media of Illinois. Motion declared carried.
City Manager Niemeyer read the following statement
regarding the status of employment of Director of
Community & Economic Development Tim Bleuher:
"On August lS, 2006, the City Council, in Executive
Session, authorized Staff to discuss the circumstances
of Tim Bleuher's separation from City employment for his
failure to meet the City's residency requirement. I
informed the Council that I had decided Tim Bleuher's
employment should be terminated. The majority consensus
in Executive Session was that Tim Bleuher was to be
separated from employment without a severance package.
However, Tim Bleuher was to be given his choice of two
options. Pursuant to Illinois law, no final action can
be taken in Executive Session. In this case, no final
action could be taken until we also met with the employee
in question.
There were two motions made in open session. The first
was that Tim Bleuher had failed to meet the spirit or
intent of the City's residency requirement. The second
motion made in open session confirmed the majority view
in Executive Session and directed Staff to proceed as
directed in Executive Session. Since four members of the
Council felt that there should be a small severance
package, they voted against the second motion.
The parameters of the Council direction where to be kept
confidential until we met with Tim Bleuher, told him
there was no severance and explained his options.
Based on the majority direction in Executive Session,
Jason Baj or, Assistant to the City Manager and Human
Resources Director, and I met with Tim Bleuher on Friday,
August 18th. We told him there was no severance package.
We gave Tim his two options as outlined by the majority
of the City Council in closed session. Those options
were 1) to resign and receive a favorable reference
letter, or 2) be terminated and receive only a neutral
reference. Mr. Bleuher had until Noon today to inform
us of his decision.
Based on Mr. Bleuher's decision, I want to report to the
City Council that Tim Bleuher has been terminated from
City employment for failure to meet the spirit and intent
of the City's residency requirement. Pursuant to the
Council's direction, there is no severance package."
City Clerk McAllister requested that Items 1, S, Sa and
9 be removed from the Consent Agenda.
Moved by Beauvais, seconded by Murphy, to establish a
Consent Agenda except for Items 1, S, Sa and 9. Motion
declared carried.
Moved by Brookman, seconded by Christiansen, to approve
the Consent Agenda. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Smith, Argus
NAYS: 0-None
ABSENT: 1-Becker
Staff recommendations and requests were approved;
Ordinances M-32-06 and Z-28-06 were adopted; Ordinances
M-33-06 and M-34-06 were placed on First Reading; and
Resolution R-118-06 was adopted.
Mr. Brian Burkross, 2133 Webster Lane, addressed the City
Council stating that on July 17, 2006, he pointed out
mistakes in minutes of June 19, 2006 and June 28, 2006;
the City Clerk was directed to review the tapes; on
August 7, 2006, the City Council voted to not accept the
changes; incorrect information was allowed to remain in
the minutes; this is not good government.
MINUTES
(Cont'd. )
RECAPTURE
AGREEMENT/
2515 SCOTT:
Consent
Agenda
Ordinance
M-33-06
AMENDMENT/
RULES AND
REGULATIONS
BD. OF FIRE &
POLICE COMM.:
Consent
Agenda
Ordinance
M-34-06
TOPOGRAPHIC
SERVICES FOR
ADDITIONAL
STREET/
2007 CIP:
Consent
Agenda
Resolution
R-118-06
CONTRACTS/
2006-07
NEW YEARS'S
EVE
CELEBRATION:
Resolution
R-119-06
PARKING PAD
VARIATION/
56 s.
JOSEPHINE:
Consent
Agenda
PAGE FOUR
079
8/21/06
Moved by Murphy, seconded by Beauvais, to approve minutes
of the regular meeting of the City Council held August
7, 2006, as published. Motion declared carried.
Alderman Brookman voted no.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation that Mayor and City Clerk be
authorized to execute "Recapture Agreement" with Mike and
Vicki Paschen for their recovery of $39.28 per front foot
for each front foot for a maximum cost of $27,500 for the
storm water sewer system line extension on property
located at 2515 Scott Street; cost to be paid by owners
of any properties which connect to the line extension;
City to become absolute owner of said storm water sewer
system line extension at the end of ten (10) years after
ordinance is adopted; and further recommend to place on
First Reading Ordinance M-33-06, AN ORDINANCE REGARDING
THE CONSTRUCTION OF A MUNICIPAL STORM WATER SEWER ALONG
SCOTT STREET IN DES PLAINES, ILLINOIS. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with recommendation of Board of Fire & Police
Commissioners and approve changes to the Rules and
Regulations of the Board regarding the 2007 entrance and
promotional examination processes; and further recommend
to place on First Reading Ordinance M-34-06, AN ORDINANCE
ADOPTING THE AMENDMENTS TO THE REVISED RULES AND
REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to accept proposal from Gewal t-
Hamil ton Associates, Inc., 850 Forest Edge Drive, Vernon
Hills, IL 60061, to perform Topographic Surveying and
Drafting Services for various streets as part of the 2007
Capital Improvement Program, in the amount of $65,869/CIP
Funds; and further recommend to adopt Resolution R-118-
06, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF AN
AGREEMENT BETWEEN GEWALT HAMILTON ASSOCIATES, INC. AND
THE CITY OF DES PLAINES FOR TOPOGRAPHIC SURVEYING AND
DRAFTING SERVICES AS PART OF THE 2007 CAPITAL IMPROVEMENT
PROGRAM. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Christiansen, seconded by Beauvais, to concur
with Staff recommendation that Mayor and City Clerk be
authorized to execute two (2) "Agreement for Services"
contracts with Woolson Production Group, 1739 Chestnut
Avenue, Building #5, Glenview, IL 60025, to provide DJ
music and diamond drop countdown, in the amount of $4,500
and stage display in the amount of $1,500; for a total
amount of $6,000/Budgeted Funds; for the New Year's Eve
Celebration on December 31, 2006; and further recommend
to adopt Resolution R-119-06, A RESOLUTION AUTHORIZING
THE EXECUTION OF TWO CONTRACTS BETWEEN WOOLSON PRODUCTION
GROUP AND THE CITY OF DES PLAINES FOR DJ MUSIC, A DIAMOND
DROP COUNTDOWN, AND A STAGE DISPLAY SECTION FOR THE NEW
YEARS EVE 2006-2007 FESTIVITIES. Upon roll call, the
vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Smith, Argus
NAYS: 0-None
ABSENT: 1-Becker
Motion declared carried.
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to grant request for Variation
to Section 4-7-11 of the Building Code Amendments to
permit construction of a 4 '-6" wide x 33' -4" long parking
pad to the north of existing driveway on property located
at 56 S. Josephine Court. Motion declared carried as
approved unanimously under Consent Agenda.
DRIVEWAY
VARIATION/
1939 LEE:
Consent
Agenda
ORDINANCE
M~.32-06
AMENDMENT/
APPROPRIATION
ORDINANCE:
Consent
Agenda
ORDINANCE
Z-27-06
AS AMENDED
CONDIT. USE/
1155 OAKTON:
ORDINANCE
Z-28-06
TEXT AMEND./
DRY CLEANING
PLANTS:
Consent
Agenda
ORDINANCE
M-33-06
RECAPTURE
AGREEMENT/
2515 SCOTT:
ORDINANCE
M-34-06
AMENDMENT/
RULES AND
REGULATIONS
BD. OF FIRE &
POLICE
COMMISSION. :
APPOINTMENT/
REAPPOINT . :
PAGE FIVE
080
8/21/06
Moved by Brookman, seconded by Christiansen, to concur
with Staff recommendation to grant request for Variation
to Section 4-7-11 of the Building Code Amendments to
permit widening of 24' long driveway from 10' to 16' on
property located at 1939 Lee Street. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Brookman, seconded by Christiansen, to adopt
Ordinance M-32-06, AN ORDINANCE AMENDING M-10-06 AND
MAKING AND REVISING APPROPRIATIONS TO DEFRAY THE EXPENSES
OF THE CITY OF DES PLAINES FOR MUNICIPAL PURPOSES
DESIGNATED THE "AMENDED ANNUAL APPROPRIATION BILL" FOR
THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING
DECEMBER 31, 2006. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Sayad, seconded by Brookman, to adopt Ordinance
Z-27-06 -AS AMENDED, AN ORDINANCE GRANTING A CONDITIONAL
USE PERMIT IN ACCORDANCE WITH THE DES PLAINES ZONING
ORDINANCE TO ALLOW AN AUTO REPAIR SHOP BUSINESS AT 1155
OAKTON STREET, DES PLAINES, ILLINOIS (Case 06-61-CU).
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Smith, Argus
NAYS: 0-None
ABSENT: 1-Becker
Motion declared carried.
Moved by Brookman, seconded by Christiansen, to adopt
Ordinance Z-28-06, AN ORDINANCE AUTHORIZING A TEXT
AMENDMENT TO TABLE 7.3-1, "COMMERCIAL DISTRICT USE
MATRIX," TO ADD "DRY CLEANERS W/PLANTS ON PREMISES" IN
THE C-3 GENERAL COMMERCIAL DISTRICT ONLY AND ADD THE
DEFINITION OF "DRY CLEANERS (PLANTS ON PREMISES)" TO
ARTICLE 13. 3 TO THE CITY OF DES PLAINES ZONING CODE.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Christiansen, seconded by Beauvais, to advance
to Second Reading and adopt Ordinance M-33-06, AN
ORDINANCE REGARDING THE CONSTRUCTION OF A MUNICIPAL STORM
WATER SEWER ALONG SCOTT STREET IN DES PLAINES, ILLINOIS.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Smith, Argus
NAYS: 0-None
ABSENT: 1-Becker
Motion declared carried.
Moved by Beauvais, seconded by Sayad, to advance to
Second Reading and adopt Ordinance M-34-06, AN ORDINANCE
ADOPTING THE AMENDMENTS TO THE REVISED RULES AND
REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS.
Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Smith, Argus
NAYS: 0-None
ABSENT: 1-Becker
Motion declared carried.
Moved by Sayad, seconded by Murphy, to waive the two week
waiting period and approve Mayoral appointment to the
LIBRARY BOARD of George Magerl, term to expire June 30,
2009; and approve Mayoral reappointment to the ZONING
BOARD OF APPEALS of Paul Saletnik, term to expire April
30, 2011. Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
WARRANT
REGISTER:
ZONING CASE
06-64-V
VARIATION/
2211 WEBSTER:
MINUTES/
EXECUTIVE
SESSION
7/17/06:
WARRANT
REGISTER:
Resolution
R-120-06
ZONING CASE
06-64-V
VARIATION/
2211 WEBSTER:
Ordinance
Z-29-06
PAGE SIX
081
8/21/06
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Christiansen, seconded by Smith, to recommend
to the City Council approval of the August 21, 2006 -
Warrant Register, in the total amount of $4,034,915.85,
and further recommend that Resolution R-120-06 be adopted
at appropriate time this evening. Motion declared
carried.
COMMUNITY DEVELOPMENT -Alderman Christiansen, Vice Chair
Development Planner Gascoigne reviewed his memo of July
28, 2006, regarding request for variation to permit
construction of an oversized shed in the rear yard of
property located at 2211 Webster Lane; Des Plaines Zoning
Board of Appeals voted to approve request; Staff is
recommending denial.
Petitioner Charles Rossman addressed the Committee of the
Whole and answered questions from the aldermen; he needs
room to store his garden equipment and household items;
he will not be storing cars.
Alderman Brookman stated that she has gone out to the
site; none of the neighbors have a problem with this
request.
Moved by Brookman, seconded by Beauvais, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 06-64-V, to grant request for variation
to permit construction of an oversized shed at 192 sq.
ft. instead of the permitted 150 sq. ft. in the rear yard
of property located at 2211 Webster Lane; and place on
First Reading Ordinance Z-29-06 at appropriate time this
evening. Motion declared carried (Aldermen Beauvais,
Christiansen, Brookman and Smith voted yes; Aldermen
Murphy, Sayad and Argus voted no).
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Christiansen, to approve
minutes of the Executive Session of the City Council held
July 17, 2006. Motion declared carried.
Moved by Sayad, seconded by Murphy, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-120-06, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$4,034,915.85. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Smith, Argus
NAYS: 0-None
ABSENT: 1-Becker
Motion declared carried.
Moved by Christiansen, seconded by Brookman, to concur
with recommendation of Committee of the Whole, re Zoning
Case 06-64-V, to grant request for variation to permit
construction of an oversized shed at 192 sq. ft. instead
of the permitted 150 sq. ft. in the rear yard of property
located at 2211 Webster Lane; and place on First Reading
Ordinance Z-29-06, AN ORDINANCE AUTHORIZING A VARIATION
2211 WEBSTER
(Cont'd. )
ADJOURNMENT:
PAGE SEVEN
082
8/21/06
TO SECTION 8.1-3 E. OF THE CITY OF DES PLAINES ZONING
ORDINANCE TO PERMIT THE CONSTRUCTION OF AN OVERSIZED
ACCESSORY STRUCTURE (OVERSIZED SHED) AT 2211 WEBSTER
LANE, DES PLAINES, ILLINOIS. Upon roll call, the vote
was:
AYES: 4-Beauvais, Christiansen, Brookman, Smith
NAYS: 3-Murphy, Sayad, Argus
ABSENT: 1-Becker
Motion declared carried (further action on this matter
under Unfinished Business on September 5, 2006).
Moved by Christiansen, seconded by Murphy, that the
regular meeting of the City Council adjourn. Motion
declared carried. Meeting adjourned at 8:17 p.m.
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS __ l_I __ _
DAY OF ~ , 2006
Anthony W~YOR